New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 700 - E-ZPass ELECTRONIC AND OTHER TOLL PAYMENTS
Part Tra 701 - E-ZPass AND OTHER UNPAID TRANSACTIONS
Section Tra 701.04 - Vendor Responsibilities

Universal Citation: NH Admin Rules Tra 701.04

Current through Register No. 40, October 3, 2024

(a) On at least a daily basis, the vendor shall retrieve the captured potential unpaid transaction images from the computers maintained by the department or vendor pursuant to Tra 701.03(e) and (f).

(b) The vendor shall use the captured images of the vehicle to determine the license plate number of the vehicle. Once the vendor has determined the license plate number, the vendor shall match it against each database of account holders to which it has access. If a positive match is made to an account and the account holder has sufficient funds in the account to pay, the full amount of the toll with applicable discount shall be deducted from the account-holder's prepaid toll balance and the transaction shall be completed. If a positive match is not made, the vendor shall send the New Hampshire license plate number to the division, or to the appropriate state's analogous motor vehicle agency, to obtain the name and address data of the registered owner of the vehicle.

(c) Upon receipt by the vendor of the data provided by the division or the appropriate state's analogous motor vehicle agency, if there are insufficient funds in the account-holder's prepaid toll balance, or the registered vehicle's owner is not an account holder, the vendor shall prepare a payment request that shall be sent to the vehicle owner or account holder within 60 days of the date of the unpaid transaction. Each payment request shall be in 2 sections, that is, a payment section and a dispute section.

(d) The payment section of each payment request prepared pursuant to (c) above shall include:

(1) The following information regarding the unpaid transaction:
a. The notice number assigned to the unpaid transaction by the E-ZPass system;

b. The transponder number or the license plate number and plate type, when appropriate, of the vehicle;

c. The name of the toll plaza;

d. The toll lane number;

e. The date;

f. The unpaid toll due; and

g. One image of the license plate that incurred the unpaid transactions, which shall be included only with the first payment request;

(2) A request for payment of the toll due and a processing fee or administrative fee for each unpaid transaction or violation; and

(3) Instructions as to how payment may be made, which shall be by:
a. A check or money order:
1. Payable to E-ZPass;

2. With the notice number(s) written on the payment; or

b. Authorization of payment by credit card if the department and vendor determined that such payments can be made securely through the mail.

(e) The dispute section of each payment request prepared pursuant to (c) above shall include:

(1) A statement advising that the account holder or registered vehicle owner will not be required to pay the outstanding toll amount and processing fee or administrative fee if the account holder or registered vehicle owner provides to the vendor the information and documentation required pursuant to RSA 236:31, III(a) or (b) regarding a stolen vehicle or lease or rental vehicle;

(2) A designated space for the account holder or registered vehicle owner to explain and certify the circumstances surrounding an inadvertent violation;

(3) A statement that the processing fee or administrative fee shall not accompany payment of the toll amount owed if the registered vehicle owner claims an inadvertent violation and pays the outstanding toll amount;

(4) An option for the New Hampshire account holder to authorize payment of the toll and the processing fee or administrative fee by including the account holder's:
a. Name;

b. NH E-ZPass account number only; and

c. Transponder number; and

(5) A place for the account holder or registered vehicle owner to certify the truthfulness of facts and information they provided on the form to dispute the unpaid transaction or toll violation by providing the following:
a. The account holder's or registered vehicle owner's name and complete mailing address;

b. The account holder's or registered vehicle owner's daytime and evening phone numbers;

c. The account holder's or registered vehicle owner's signature;

d. The date the dispute form was signed by the account holder or registered vehicle owner; and

e. The date and time.

(f) Failure either to pay the outstanding toll amount and a processing fee not to exceed $2.00 for each unpaid transaction within 30 days from the date of the payment request or provide the documentation required pursuant to (e)(1) above shall result in the department issuing a second payment request for payment of the toll and a processing fee not to exceed $5.00 per unpaid transaction.

(g) Failure either to pay the second payment request within 30 days from the date on the payment request or provide the documentation required pursuant to (e)(1) above shall result in the department issuing a notice of toll violation requesting payment of the toll and an administrative fee not to exceed $25.00 per unpaid transaction.

(h) If the account holder or registered vehicle owner pays the outstanding toll amount and the processing fee or administrative fee before the 31st, 61st or 91st day following the unpaid transaction, the transaction shall be completed and no further action shall be taken.

(i) Failure to pay the violations within 30 days from the date of the notices of violation or provide the documentation required pursuant to (e)(1) above, shall result in the following:

(1) The information for each account holder or registered plate owner shall be sent to the division based upon a uniformly set number of violations, as determined by the commissioner in consideration of the department's and the division's financial and staffing efficiencies; and

(2) The vendor with prior approval of the department shall request suspension of registration privileges for the registered plate owner by the division pursuant to RSA 263:56-f for vehicles registered in New Hampshire; or

(3) If the plate is registered in another jurisdiction which participates in reciprocal toll enforcement with New Hampshire, the department, or its vendor with the department's approval, will request that the analogous motor vehicle department take action pursuant to that jurisdiction's laws.

#8422, eff 8-23-05

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